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Terms & Conditions

Services Overview
Ethnic-India is a platform for end consumers and Services are available to only select geographies in India, and are subject to restrictions based on business hours. Transactions through Ethnic-India may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through us.

Eligibility
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Ethnic-India portal.
However, if you are a minor, i.e. under the age of 18 years, you may use/access the Ethnic-India under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.
Ethnic-India is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use Ethnic-India to purchase products.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to Ethnic-India, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

License & Access
Ethnic-India grants you a limited sub-license to access and make personal use of the Ethnic-India, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sub – license does not include/permit any resale or commercial use of Ethnic-India platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Ethnic-India website or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of Ethnic-India may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ethnic-India and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of Ethnic-India, or any other systems or networks connected to Ethnic-India or to any server, computer, network, or to any of the services offered on or through Ehnic-India, by hacking, ‘password mining’ or any other illegitimate means.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.

Account & Registration Obligations
All users must register and login for placing orders on Ethnic-India. You must keep your account and registration details current and correct for all communications related to your purchases from Ethnic-India. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company. The user can opt out from such communication and/or newsletters by contacting the customer services team of Ethnic-India and placing a request for the same.
As part of the registration process on Ethnic-India, the Company may collect the following personally identifiable information about you, including but not limited to Name , email address, age, address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on you visit/access, the links you click on Ethnic-India, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company which is incorporated in these Terms of Use by reference.

Pricing
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues or typographical errors. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on Ethnic-India will be sold at a price higher than its MRP (Maximum Retail Price).

Coupons and Promo Codes
From time to time, Ethnic-India may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Ethnic-India website.

Ethnic-India Cash-back
The terms and conditions relating to eligibility for Cash-back shall be in addition to and not in substitution of or derogation to the terms and conditions governing the use/access of Ethnic-India.

A user shall be entitled to cashback on a specific purchase/order as indicated at the time of checkout of the final order on Ethnic-India.

No Cashback shall be available for orders which are cancelled. Any Cashback offered may be recovered by the Company, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded. This condition shall apply strictly and notwithstanding the display of cashback on any specific item(s) listed on the Application as an item specific cashback.

Cashback shall mean the grant of credit for the amount of eligible cashback, shall be added to the users ‘Promotional/Cashback’ section of his/her ‘Ethnic-India Wallet’ account, and shall in no event imply that the cashback shall be credited to a user’s bank account or card account or refunded in cash at any time. Ethnic-India Wallet is powered by Citruspay and use thereof is subject to additional terms and conditions.

Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.

The Company reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw / suspend / amend / cancel the Cashback offers, and the terms applicable thereto.

Cashbacks will reflect in a user’s Ethnic-India Wallet account within 48-72 hours of conclusion of an eligible successful transaction Cashback credit available is usable only on the Application and no other platform, website, store or otherwise. For clarity, there is no expiry/validity of the Cashback added in Ethnic-India Wallet.

Users shall not hold the Company or its group entities, or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses which a user claims to have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and/or on account of any purchase made through the Application, whether with or without Cashback.

The Company does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashbacks.

Cashback and discount codes are not applicable on ghee, edible oil, baby food products and any cashback amount used from Ethnic-India while placing the order.

100% additional cashback, subject to maximum cashback of Rs. 250, of the value of missing item for any order placed from our Super Store will be credited to your Ethnic-India Wallet within 48-72 hours of delivery.

Price Challenge

Subject to the terms and conditions set out below, certain products on Ethnic-India are offering a cashback equivalent to the difference in the value of a product that is ordered by a user.

This offer applies only to orders placed on Ethnic-India App with Specified Products **.

Lowest prices guarantee is not valid on fruits & vegetables.

Cashback will be provided only if the customer is able to provide proof for validation of the difference in price of a product with same weight, product description, variant which is purchased on the same date & in the same city.

Subject to validation by Ethnic-India, to avail the offer on purchase(s) made by the customer, he/she will have to submit proof (App image with date, Printed Tax Invoice, Newspaper Ad with date, Pamphlet with date, Website screenshot with the link where the price is active for at least 24 hours after the price proof has been submitted)

The proof of difference in price should be from the same city as the order placed with Ethnic-India.

The complaint for Price difference has to be raised within 48 hours of order being placed.

Subject to validation by Ethnic-India, the offer can be availed for any price difference pre/post 48 hours of order being placed with Ethnic-India.

Subject to terms and conditions of Ethnic-India Cashback, the difference in price will be credited post-delivery, into the Ethnic-India Wallet.

Cashback shall at no time exceed 20% of MRP of each product and/or INR 250 at a cart level, and/or INR 1000 per user/month.

Cashback will be calculated on the net product price, however exclusive of applicable taxes.

Offer shall be subject to verification by Ethnic-India.

Ethnic-India does not make any warranties or representation of the quality, merchantability, suitability or availability of the products or services included in this offer.

Ethnic-India at its discretion withdraw, alter, modify or otherwise change the offer without notice. The offer may also be withdrawn due to the occurrence of force majeure events.

The offer may be extended or terminated by Ethnic-India.

Any disputes arising relating to or connected with this offer shall be subject to the dispute resolution mechanics set out in the terms and conditions of use of the Ethnic-India App.

Cancellations
As a user, you may cancel an order placed by you before the order enters the “Enroute” stage. For any permitted cancellations, we will refund payments, if any, made by you under the relevant order within approximately 48-72 hours.
Orders may be cancelled by the Company in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms of Use/User Agreement, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of the Company including causes for delivery related logistical difficulties. For such cancellations, the Company will refund the payment, if any, made by you under the relevant order within 72 hours.
Further, while precautions are taken to ensure accuracy of product specifications, the details of a product as reflected on Ethnic-India may be inaccurate due to technical issues, typographical errors and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and grant credit/coupon for the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on Ethnic-India.
We maintain a list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

Returns & Refunds
Ethnic-India has a “no questions asked return and refund policy” which entitles all users who have purchased a product on Ethnic-India to return the product at the time of delivery if they are not satisfied with the quality of the product. In case you are not available at delivery to check the quality of the product(s), you may raise a complaint within 24-48 hours of delivery. To pass feedback to the quality department to improve the services, it is mandatory to share the images of the items which you were dis-satisfied with. Subject to acceptance, the Company may take the returned product back and grant credit/coupon in lieu of the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on Ethnic-India.
However, the Company reserves the right of returns or refunds of the Products after the order has been accepted for delivery. Further, it is clarified that for electronic products, no returns shall be accepted unless the product seal is intact (i.e. not broken) and the original invoice issued by us
For any request for returns not conforming to the aforesaid, the Company may, upon request by you, but at its sole discretion, contact the relevant third party seller to accept the return of such product against the original invoice for the product(s), provided however that the Company shall not be responsible for the acceptance or rejection of such request by the third-party seller.

You Agree and Confirm
That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.
You agree to use the services provided by the Company for lawful purposes only, and comply with all applicable laws and regulations while using / accessing and transacting on Ethnic-India.
You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
You are accessing the services made available by the Company and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through Ethnic-India.
Before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on Ethnic-India, you agree to be bound by the conditions of sale included in the item’s description without exception.
Notwithstanding the right of the Company on cancellation of the order, any Product in the order may be replaced by the Company in case of unavailability or for other reasons outside the control of the Company, subject to you may refuse to accept such replacement/substitute product. For such cancellations, the Company will refund the payment of the order/product, if any, made by you under the relevant order within 72 hours.

Disclaimers
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions. The Company make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
The Company does not make any representation or warranties in respect of the products available on Ethnic-India nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on Ethnic India. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through Ethnic-India or otherwise.
You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.

Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on Ethnic-India or otherwise disclosed, submitted or offered in connection with use of Ethnic-India (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on Ethnic-India will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on Ethnic-India will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on Ethnic-India. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on Ethnic-India from a third party shall be at your sole risk and expense.

Terms & Conditions for Ethnic-India Premium Membership

This section sets out the legal terms and conditions applicable to Ethnic-India Premium Membership. By subscription to Ethnic-India Premium Membership, you accept and agree to abide by the below-set terms and conditions.
These terms and conditions are in addition to, and not a substitute for the Terms of Use applicable generally to the use of Ethnic-India, which shall also continue to apply to the use of Ethnic-India website. These terms and conditions, and the Terms of Use of Ethnic-India should be read harmoniously.

Benefits

Premium Members shall be entitled to reversal of delivery fee for up to 3 orders (in a calendar month) placed from ‘Ethnic India’ run by us where the order does not qualify for free delivery. Delivery charged shall be reversed by credit of an equivalent amount as Cashback into your Ethnic-India Wallet within ten days of placing the order/ on the 1st of the subsequent month.

All orders placed by Premium Members shall be eligible for express delivery. ‘Express delivery’ means an earlier delivery slot than is shown by default on the Ethnic-India website or app. It being understood that delays for force majeure or product unavailability, or other reasons outside the control of the Company may arise.

Calls made by Premium Members shall have priority over others when contacting the Company Customer Care.

Premium Members shall receive, once a month, free samples of products from our partner merchants including exclusive brand launches and the like.

Fee

Ethnic-India Premium Membership is available at a fee of Rs. 500 (five hundred) for a period of 1 (one) year (“Membership Tenure”). The Membership Tenure shall commence on the date of payment of the membership fee and continue for 365 days thereafter (last day inclusive). Any orders placed during such period shall be eligible for Premium Membership benefits.
The fees may be varied by the Company from time to time, including during the Membership Tenure. However, such varied fee (whether an increase or reduction) shall not apply to you for the ongoing Membership Tenure, if you have already subscribed to Ethnic-India Premium Membership. The membership fee is non-refundable, except as otherwise stated herein.
Services offered by the Company may attract additional taxes, including any taxes levied in the future, and all such taxes shall be borne by you, the member.

Termination

Your membership may be terminated by the Company:

if the Premium Membership program is suspended or discontinued prior to the expiry of the Membership Tenure, provided that on such termination you shall be entitled to receive a pro-rata refund of the membership fee paid by you based on the time elapsed and time remaining in the said year.

if you have violated these terms of membership or the Terms of Use of the Ethnic-India or in any way abused, misused Ethnic-India and in case of such termination the Company shall not be liable to refund any fees paid by you or be liable for any other compensation for inability to use Ethnic India website or loss of Premium Membership.

Other Terms & Conditions

The Company reserves the absolute right to accept or reject an application for Premium Membership. In case of rejection, any fees already paid shall be refunded

The terms of Ethnic-India Premium Membership, and of the Terms of Use for the Ethnic-India website, may be varied from time to time at the discretion of the Company.

Ethnic-India Premium Membership is non-transferable in nature, and may not be used by another person on your behalf.

You expressly consent to receiving marketing and promotional emails, text messages and other forms of communication relating to Ethnic-India Premium Membership.

The Company shall not be liable for any damage or loss to you on account of orders placed or products sold through the Ethnic-India.

No liability in excess of the value of membership fee paid shall be attributable to the Company.

Notwithstanding anything to the contrary, in no event shall the Company be liable for any indirect, consequential, special, exemplary or punitive damages, or any damages for business interruption, lost profits, or lost revenue.

Copyright & Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on Ethnic-India website. Access to or use of Ethnic-India does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to Ethnic India are owned by or licensed to the Company. Any use of Ethnic-India or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
You may not modify, distribute or re-post anything on Ethnic India website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on Ethnic-India. Access to or use of Ethnic-India website does not authorize anyone to use any name, logo or mark in any manner. References on Ethnic-india to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.

Wholesale Trading Terms
You acknowledge and agree that the terms and conditions set out on Ethnic-India are applicable to any order placed by you on the App, unless a separate written instrument is executed in relation to a specified order to prevail over these Conditions of Contract

Objectionable Material
You understand that by using Ethnic-India website or any services provided on Ethnic-India, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. The Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or
objectionable to you.

Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights).

Limitation of Liability
The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Governing & Jurisdiction
The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws there under.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Grievance Policy
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Marketplace, including those pertaining to breach of the Terms of Use or and other polices are published as under.
Mr. Raju Adimari
Ethnic-India
15A/04, WEA, Saraswati Marg,
Karol Bagh, Delhi-110005
Email address: info@ethnic-india.com